Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Can an owner cancel a lease agreement?

16 replies

Nix01 · 08/11/2013 16:04

We've been in this lovely house for 4 months now and we're really settled. Today, I received an email from the rental agent asking if the owner could come past next week to measure up.

I haven't asked (I don't want to hear it), but can they cancel our lease? Should we start looking for another property? What are your thoughts?

(We are only planning in July 2014 so this would be quite inconvenient).. Thank you.

OP posts:
Nix01 · 08/11/2013 16:04

Sorry, I meant that we are only planning to buy in July 2014.

OP posts:
PeterParkerSays · 08/11/2013 16:06

What are they measuring up for? How do you know the landlord wants to cancel the lease?

captainbarnacle · 08/11/2013 16:07

They can give you 2 months notice I think

LIZS · 08/11/2013 16:07

Are you on an AST ? If so they can simply give you 2 months' notice anyway beyond the initial 6. Ask the agent why

Nix01 · 08/11/2013 16:07

It wasn't specified what they want to measure up, but we have at least another 8 months on our lease?

OP posts:
sparkleyes · 08/11/2013 16:07

How long is your Lease for? Is there a break option?

Nix01 · 08/11/2013 16:08

Yes, it's an AST agreement :(

Okay, thanks. I'll ask the owners when I see them.

Thank you.

OP posts:
PestoPyrotechnissimos · 08/11/2013 16:09

Depends on your rental agreement. Have a look at the terms of your lease. I let out property on a 6 monthly basis, but sometimes you can have a 'break clause' written in, which lets one side or both sides give a lesser amount of notice (usually either one or two months) to terminate the agreement.

Alwayscheerful · 08/11/2013 16:12

They may want to insulate the loft or order new carpets or curtains or a new kitchen for you, they may want to carry out improvements before the end of the tax year. Ask what their plans are and what they want to measure up?

Nix01 · 08/11/2013 16:12

Here's the break clause, it can't be cancelled can it?

2.5 Break Clause
2.5.1 This agreement creates a tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the date quoted in 1.6.1 as “to and including (date)”).
2.5.2 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.
2.5.3 The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord at least one month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause.

OP posts:
Nix01 · 08/11/2013 16:13

It's a 12 month lease.

Thanks AlwaysCheerful, that makes sense too.

OP posts:
LIZS · 08/11/2013 16:14

Was it a 12 month lease ?

LIZS · 08/11/2013 16:14

posts crossed . you should be ok until then .

Nix01 · 08/11/2013 16:16

Such relief, thank you very much for putting my mind at ease!

OP posts:
Alwayscheerful · 08/11/2013 16:29

To be honest if they are thinking of selling you could explain your plans to leave in July, co-operate with viewings and keeping the house tidy and it could all be perfect timing if they put the house on the market in March. ( they might even incentivise you financially... I would).

Nix01 · 11/11/2013 15:02

Thanks all, they're planning to move here at the end of our lease.

OP posts:
New posts on this thread. Refresh page